the conveyance of any one suffering from a dangerous infectious disorder, and if he fails to do so he shall be liable to a penalty not exceeding twenty-five dollars; but no such owner or driver shall be required to convey any person so suffering until he has been paid a sum sufficient to cover any loss or expense incurred by him in carrying into effect the provisions of this Section.

Section 23. Any person who knowingly lets for hire any house, room or part of a house in which any person has been suffering from any dangerous infectious disorder, without having such house, room or part of a house and all articles therein, liable to retain infection, disinfected to the satisfaction of a qualified medical practitioner, as testified by a certificate signed by him, shall be liable to a penalty not exceeding two hundred and fifty dollars; and any person letting for hire, or showing for the purpose of letting for hire, any house or any part of a house or room, who being questioned by any person negotiating for the hire of such house or part of a house, or room as to the fact of there being, or within six months having been therein, any person suffering from any dangerous infectious disorder, knowingly makes a false answer to such questions, shall be liable to a penalty not exceeding five hundred dollars, or to imprisonment for a period not exceeding twelve months.

Section 24. When the body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such state as to endanger the health of the inmates of the same house or room, any health officer may, on a certificate signed by a qualified medical practitioner, or on the application of three persors living in the neighborhood, order the body to be removed and buried at the cost of the city, town or county, within a time to be limited by such order; and unless the friends or relatives of the deceased undertake to bury the body within the time limited by such order, and do bury the same, it shall be the duty of the said health officer to have such body buried at the expense of the city, town or county; and any person or persons obstructing the execution of any order made by any health officer under this Section shall be liable to a penalty not exceeding two hundred dollars, or imprisonment not exceeding six months.

Section 25. The municipal or county authorities may provide for the use of the city, town or county, hospitals or temporary places for the reception of the sick; and for that purpose may themselves build such hospitals or places of reception, or enter into an agreement with any person having the management of any hospital for the reception of the sick inhabitants of their city, town or county, on payment of such

sums as may be agreed upon; or two or more local authorities may combine in providing a common hospital.

Section 26. Any expenses incurred by the authorities of any city, town or county in maintaining a hospital or a temporary place for the reception of a patient shall be paid from the general fund of the city or county.

Section 27. It shall be the duty of every practicing physician in this State, for a reasonable fee, to vaccinate all children in the circle of his practice who may be presented to him for vaccination, if such child shall be in proper condition for such service, and he shall vaccinate all other persons not effectually vaccinated who shall request such service from him. A physician neglecting or refusing to do so shall, on conviction thereof, forfeit and pay for every offense a penalty of five dollars. Section 28. Any physician who shall knowingly and wilfully use any virus defective in its nature, by having passed through a scrofulous system, from having been taken from one laboring under any disease of the skin, chronic sore or other febrile, or other disease, during the progress of the vaccine disease, was punctured or had sustained other injury, shall upon conviction thereof, forfeit and pay a sum not less than one hundred dollars or more than five hundred dollars for each offense.

Section 29. All fines imposed under the provisions of the preceding sections of this Act shall go to the school fund of the district in which such offense shall occur.

Section 30. Whenever any householder knows that a person within his family or house is sick with small-pox, diphtheria, membranous croup, scarlet fever, typhoid fever, measles, or any other infectious. or contagious disease, dangerous to public health, he shall immediately give notice to the Board of Health of the city or county in which he dwells, and upon the death, recovery or removal of such person or persons, such of the rooms of such house and such of the articles therein, as, in the opinion of the local Board of Health have been subjected to infection or contagion shall be disinfected by said Board of Health, and a written statement of the fact of such disinfection shall be given to such householder. Any person neglecting or refusing to comply with any of the above provisions shall be punished by a fine not exceeding one hundred dollars.

Section 31. Whenever any physician knows that any person whom he is called to visit is infected with small pox, diphtheria, membranous croup, scarlet fever, typhoid fever, typhus fever, yellow fever, measles,

or any other contagious or infection [infectious] disease, dangerous to public health, he shall immediately give notice thereof in writing over his own signature, to the Board of Health of the city, town or county in which said disease exists; and if he refuses or neglects to give notice he shall be fined not less than fifty dollars or more than two hundred dollars.

Section 32. The Boards of Health of the several cities, towns and counties shall cause a record to be kept of all reports received in pursuance of the preceding sections, and such records shall contain the names of all persons who are sick with infectious or contagious diseases, the localities in which they live, the disease with which they are afflicted, together with the date, and name of the person reporting any such cases and the record of quarantine, isolation, disinfection and other preventative measures. The Boards of Health shall give the school boards of their respective counties, cities or towns immediate information of all cases of infectious or contagious diseases reported to them according to the provisions of this Act.

Section 33. When any local Board of Health has had notice of the occurrence within its sanitary jurisdiction of a case of small pox or any other contagious or infectious disease dangerous to public health, said Board of Health shall within twenty four hours after the receipt of such notice notify the State Board of Health of the same.

Section 34. All questions of doubt concerning the cause or nature of any sickness believed or suspected to be of an infectious or contagious character, shall be referred to the State Board of Health; and the said Board shall be authorized to employ a competent bacteriologist. to conduct inquiries into the nature, source and vehicle of such infectious disease. The services of a bacteriologist may be engaged by the State Board of Health, which services shall be free to all local Boards of Health, and all practicing physicians in the State, for such inquiries concerning infectious and contagious diseases as the said Board may from time to time direct.

Section 35. Every person not a legally qualified physician, practic-. ing as a mid-wife, or acting as attendant upon women in child-bed in this State, who shall find any lying-in-women to have fever, shall forthwith notify the health officers of the district, and shall refrain from attendance upon any other parturient women, or women in child-bed, until the local health officer shall give her written permission to resume. such practice. Every mid-wife, obstetrical nurse or other person, not a legally qualified physician, attending for pay or hire upon any lying

in-woman, or woman in child-bed, shall send his or her name and address to be registered in the office of the Register of Vital Statistics for the city, town or county in which he or she resides. And any person violating the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction be fined not exceeding one hundred dollars, or by imprisonment not exceeding six months, or by both fine and imprisonment, in the discretion of the court.

Section 36. All violations of the requirements or provisions of this Act shall be prosecuted by, the County Attorney of the county in which such offense is committed.

Section 37. Ali Acts and parts of Acts in conflict with the provisions hereof are hereby repealed.

Section 38. This Act shall be in full force and effect from and after its passage and approval by the Governor.

Approved March 15th, 1901

HOUSE BILL NO. 29.

An Act entitled, An Act providing that Justices of the Peace and Constables shall give bonds before entering upon the duties of their offices.

Be it enacted by the Legislative Assembly of the State of Montana:

Section 1. Every Justice of the Peace elected or appointed, after he has received his certificate of election or appointment, shall, before entering upon the duties of his office, be required to execute an undertaking to the State of Montana in the penal sum of two thousand dollars, with at least two sufficient sureties, who shall justify according to law, and which said undertaking shall be approved by the county clerk, and, in addition, such justice shall subscribe an oath, or make affirmation, to support the constitution of the United States and the constitution of the State of Montana, and that he will well and truly perform all the duties that may be required of him by law, and which oath or affirmation shall be endorsed upon his off cial undertaking, which shall be filed with the county clerk.

Section 2. Every constable elected or appointed, after he has received his certificate of election or appointment, shall, before entering upon the duties of his office, be required to execute an undertaking to the state of Montana in the penal sum of two thousand

dollars, with two sufficient sureties, and comply with the previous section, as justices of the peace are required by law to do.

All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

This Act shall take effect and be in force on and after its passage and approval.

Approved February 19th, 1901

SENATE BILL NO. 82.

An Act Relative to the Powers and Duties of Justices of the Peace, and fixing their Compensation in Certain Townships.

Be It Enacted By The Legislative Assembly Of The State Of Montana:

SECTION 1.

Justices of the Peace in townships containing a population of ten thousand people and not exceeding twenty thousand people, shall each receive a salary of eighteen hundred dollars per annum, payable monthly from the county treasury; Justices of the Peace in townships having a population of more than twenty thousand people shall each. receive a salary of twenty-four hundred dollars per year, payable monthly from the county treasury, and Justices of the Peace in such townships shall receive no other or additional fees or compensation whatever, except that they may make a reasonable charge for performing marriage ceremonies; Justices of the Peace in townships having a population of less than ten thousand people shall receive the fees and emoluments provided for under existing laws. Justices of the Peace in townships having a population of ten thousand people and upwards shall keep their offices open for business from nine o'clock A. M. to twelve o'clock noon; and from one o'clock P. M. to five o'clock P. M. on all Judicial days, and, at such other hours on Judicial days as they may desire; and such justices shall occupy such quarters as may be furnished and selected for them by the Board of County Commissioners, and said Board may in its discretion select suitable quarters for such Justices and pay for same from moneys in the County Treasury.

SECTION 2.

Justices of the Peace in townships having a population of ten thou